Reservation and Social Justice
Disinvestment and Privatization – Anti-people policies: Moving towards the Destruction of Reservation and Social Justice
(SAMAJ WEEKLY)-
Dr. Ramjilal, Social Scientist, Former Principal, Dyal Singh College, Karnal (Haryana-India)
email. [email protected]
Historical Background:
About 143 years ago in the year 1882, the Hunter Commission was established by the British Government. The main objective of the Commission was to give recommendations ‘to improve the Indian education system by developing proper infrastructure, improving primary education, and adopting a policy of religious neutrality’’.Additionally, the Commission also recommended facilitating proper education of backward classes and Muslims.
The contemporary famous social reformer, Jyotirao Phule raised the demand for free and compulsory education and proportional representation i.e., reservations. There were large-scale demonstrations in Travancore-Cochin (Now Kerala) against the recruitment of foreigners for government jobs and the demand for reservations for jobs for the natives was raised on a very large scale.
In 1902, Maharaja Chhatrapati Shahuji Maharaj of Kolhapur in Maharashtra issued a notification of reservation for the welfare of Dalit classes/backward classes/communities in his state and to give them a share in the administration. This is the first official Gazette in Indian history regarding reservations for the welfare of Dalit classes/backward classes/communities. Through this historic notification, the reservation was implemented systematically.
Taking cognisance of the Indian conditions, the British imperial government implemented limited reservations for various castes and communities in administrative services in 1908. After this, the provision of reservation existed in the Government of India Act, of 1909. According to the caste background, in the Madras Presidency, provision was made for the reservations of 44% seats for non-Brahmins, 16% for Brahmins, 16% for Muslims, 16% for Anglo Indians/Christians and 8% for Scheduled Castes. In other In other words, 100% reservations were made for government jobs.
In 1935, the Congress Party passed a proposal to arrange a separate electoral constituency for the Scheduled Castes (Dalit class). There were many provisions related to a reservation in the Government of India Act, of 1935. In 1942, Dr Bhimrao Ambedkar considered reservations in education and jobs for the Scheduled Castes as essential for their improvement and upliftment. An important recommendation for a proportional representation system was made by Dr Ambedkar.
The Constituent Assembly: Reservation as a Controversial Subject
The debate regarding reservations in Parliament, State Legislative Assemblies and in education and government jobs was initiated in the Constituent Assembly by Dr Bhimrao Ambedkar, Chairperson of the Draft Committee of the Constitution. This move faced strong opposition from the Constituent Assembly, the Parliament and on the streets. There is a great contradiction in the views of the members participating in the debates in the Indian Constituent Assembly regarding reservations. On the one hand, reservations in the Parliament and State Legislative Assemblies or jobs were advocated based on caste, on the other hand, the advocacy was in favour of an economic and political basis. But, ultimately the decision was in favour of caste basis.
Among the members who participated in the debate of the Constituent Assembly, Dr Bhimrao Ambedkar, Jawaharlal Nehru, Sardar Patel, T.T. Krishnamachari, K.T. Shah, A.A. Gurung, S. Nagappa (Madras now Tamil Nadu), Mohanlal Gautam, Mahavir Tyagi, Z. H. Lari, Jerome D’Souza, H.C. Mukherjee etc. are notable.
Dr. Bhimrao Ambedkar and Jawaharlal Nehru vs. Sardar Patel: Serious Differences
There were differences between Dr Bhimrao Ambedkar, Jawaharlal Nehru and Sardar Patel regarding the reservation of Scheduled Castes in Parliament and States Legislative Assemblies. This controversy has been described in detail in the book by Adhikari, Rajshekhar Wondro, Ambedkar, Gandhi and Patel: The Making of India’s Electoral System. Dr. Bhimrao Ambedkar stressed the need for a separate electorate for the Dalit classes. This proposal was strongly opposed by Sardar Patel and his colleagues. Rajshekhar Woodrun wrote that at the time of framing of the Constitution, all the files regarding Scheduled Castes were under the control of Sardar Patel because he was the Home Minister of India. As a result, Dr Bhimrao Ambedkar had to be content with reserved seats for Scheduled Castes in Parliament and state legislatures. First of all, reservations for Scheduled Castes and Scheduled Tribes in Parliament and State Assemblies were made for 10 years. But, this is not a Lakshman Rekha. As long as ‘social inequality and untouchability’ exist, the question of ending reservations does not arise. According to Dr Ambedkar, reservation should continue in Parliament and legislatures until untouchability is eliminated.
Dr Bhimrao Ambedkar clearly said concerning Patel, ‘You consider yourself a Congressman and consider nationalism as its synonym. I think that a person can be a nationalist even without being a Congressman… I consider myself a bigger nationalist than any Congressman.’
After ten years, in 1961, Prime Minister, Jawaharlal Nehru got a proposal passed by the Parliament to extend the reservation in Parliament and Legislative Assemblies by 10 years, which continues even today. At present, the people of upper castes are against the Dalit reservation. This is the reason why BJP leaders and supporters of right-wing ideology consider Sardar Patel as their ‘incarnation’ rather than Nehru and Mahatma Gandhi, although the then Home Minister of the Government of India, Sardar Patel, had banned the Rashtriya Swayam sewak Sangh( RSS)on February 4, 1948.
The Constitution of India and Reservations
According to Article 15 of the Constitution of India, the State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth. According to Articles 15 (4) and 16 (4) of the Constitution of India, the Central and State Governments have the power to implement the provision of reservation. That is, the State (Central and State Governments) can make arrangements for reservation for the“backward classes” from a social and educational point of view for proper representation in public jobs”. Article 16 (4) of the Constitution allows reservation in the interest of backward classes of citizens. However, this article does not describe Scheduled Castes and Scheduled Tribes.
Who is included in “backward classes” from a “social and educational point of view”?
This is a very pertinent question that needs clarification:
Articles 341 and 342 of the Constitution consider Scheduled Castes (SC) and Scheduled Tribes (ST) respectively as “backward classes” from a “social and educational point of view”. After a long debate in the Constituent Assembly, “reservation on the economic basis was also abandoned”. Dr. Ambedkar addressed them as ‘backward class’ instead of SCs and STs. The following points are clear from these paragraphs:
First, reservation is given to ‘backward classes’ in ‘educational and social’ terms;
Second, from the educational and social point of view, these categories include Scheduled Castes and Scheduled Tribes (Articles 341 and 342);
Third, there is no provision for the economic basis of reservation in these articles of the Constitution;
Fourth, subsequently, reservations were provided to many categories like backward classes, disabled, economically backward class, ex-servicemen, women, Muslims etc. These are not described in Articles 15(4), 16(4), 341 and 342;
Fifth, these articles do not mention reservation promotion for employees belonging to Scheduled Castes and Scheduled Tribes;
Sixth, there is no mention in these articles of the Constitution whether reservations will be available in temporary appointments/contract appointments or not.
The constitutional amendments have also been made to remove some of these discrepancies. But, a conspiracy is going on to unreserve the reserved seats by not implementing reservations on contracts or temporary appointments.
A. First Backward Classes Commission at National Level: The Kaka Kalelkar Commission (29 January, 1953–30 March 1955)
After independence on 15 August 1947, under Article 340 of the Constitution of India, on the recommendation of the government, during the tenure of India’s first Prime Minister Jawaharlal Nehru, the then first President Dr. Rajendra Prasad (January 26, 1950, to 13 May 1962), the first Backward Classes Commission was constituted on January 29, 1953. The chairperson of this commission was Kaka Kalelkar. This is the reason why, this commission is also known as the Kaka Kalelkar Commission. This commission submitted its report to the Government of India on 30 ,March, 1955. According to the commission listed 2,399 backward castes in India. Out of these, 837 castes were classified as ‘starred’ (most backward castes) by the Commission. Although Jawaharlal Nehru was a progressive and socialist leader and had an unprecedented majority in the Parliament, yet he could not implement this report like the Hindu Code Bill due to the opposition of the MPs from the upper castes.
B. Second Backward Classes Commission at the National Level: Mandal Commission(1 January 1979 – 31 December 1980)
After the Emergency (1975-1977), the Janata Party-led Morarji Desai government was formed at the Center. On the advice of Morarji Desai’s government, the then President of India , Neelam Sanjiva Reddy (25 July, 1977 to 25 July, 1982) constituted the Socially and Educationally Backward Classes Commission (SEBC) to identify socially and educationally backward classes. Formed January 1979. The chairman of this commission was Bindeshwari Prasad Mandal (BP Mandal – former Chief Minister of Bihar, MP, rich landowner belonging to Yadav caste). Therefore, it is known as the Mandal Commission (1979).
The Mandal Commission visited many districts of India and contacted representatives of different castes. When this commission came to Karnal (Rest House), the representative of the Kamboj caste Dr. Ramjilal, the author of this article, also presented along with Ch. Deshraj Kamboj (MLA–Later on Education Minister of Haryana). Both of us informed the Commission about the facts of the participation of the Kamboj caste in educational, economic and employment-related fields. SS Gill (Young Officer) was the Secretary of the Commission. The Chairman and Secretary of Commission talked very civilly and peacefully. After two years, the Commission presented its report to the President of India on 31 December, 1980. Many recommendations were made in the Mandal Commission Report (1980). According to the Mandal Commission report, the number of backward castes in India is 3743 (52% of the total population) and 27% reservation was recommended for backward castes in jobs in education and jobs in the public sector. After the fall of the governments of Morarji Desai and Chaudhary Charan Singh, Mrs. Indira Gandhi (1980-1984) and Rajiv Gandhi (1984-1989) came into power. Like Jawaharlal Nehru, with the governments of Mrs. Indira Gandhi and Rajiv Gandhi, there was an unprecedented majority in the Parliament, but due to pressure from anti-reservation MPs from upper castes, they could not implement the reservation and the Mandal Commission’s report was also shelved like the Kaka Kalelkar Commission’s report.
Implementation of Mandal Commission Report: Responses
After the Congress Party lost the elections (November 1989), a coalition government was formed at the Center under the leadership of V.P. Singh (2 December, 1989 to 10 November, 1990). L.K. Advani,(leader of The BJP organised ‘Ram Rath Yatra’ from Somnath temple to Ayodhya. The then Prime Minister of India, V.P. Singh was against it. He knew it well that his government was a guest for a few days and could fall at any time. On August 7, 1990, a notification was issued to implement the Mandal Commission report. According to this notification, 27% reservation was made for backward classes in education, government jobs and the public sector. After this notification, there were protests by the students and youth of upper castes especially in Northern India. The senior leaders of the Bharatiya Janata Party,the Congress Party and LK Advani, Devi Lal and Chandrashekhar were against the implementation of reservation. After the arrest of Advani on 23 October, 1990, the Bharatiya Janata Party withdrew its support and on 10 November, 1990 ,the motion of no confidence was passed against the VP Singh’s government. As a result, the government had to resign.
The decision of V.P. Singh’s government to implement the recommendations of the Mandal Commission left a deep impression on politics. It was the beginning of a new era in political history of India The political idioms- ‘Mandal vs. Kamandal’,and ‘Social Justice’- became very popular in India. The number of castes like Jat in Haryana and Maratha in Maharashtra were opposing reservations in November 1990. Later, the same castes organised violent movements for inclusion in the reserved category. The demand for caste-based reservations moved towards ‘vote bank’ politics.
Number of Reserved Castes
At present, the number of Scheduled Castes in India is 1108, the number of Scheduled Tribes is 730 (Census 2011) and the number of Backward Classes is 5013 (Daily Tribune (Chandigarh). 27 February 2021. Page,8). According to the Constitution (Scheduled Tribes) Orders (Amendment) Bill, 2024 and the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024, there are three–(Bondo Porja, Khond Porja, Parangiperja) ethnic groups in Andhra Pradesh and four in Odisha. The groups are being added to the list of Scheduled Tribes. After 76 years of independence, 75 Primitive Vulnerable Tribal Groups (PVTGs) from the Andaman Islands have been added to the scheduled list. Names of 10 such PVTGs of Andaman Islands were not added to the list of Scheduled Tribes.
Reservation and Supreme Court: Indira Sawhney vs Union of India controversy (16 November, 1992)
The implementation of the Mandal Commission’s recommendations was challenged in the Supreme Court. A historic decision was announced by a nine-judge bench of the Supreme Court on November 16, 1992, in the Indira Sawhney vs. Union of India dispute. The main focal points of this historic decision are as follows:
First, 27% reservation for OBCs was declared constitutional,
Second, the Supreme Court declared an upper limit of 50 per cent reserved quota.
Third, when the recommendations of the Mandal Commission report were implemented, there was no reference to a creamy layer in it. But the Supreme Court added a ‘creamy layer’ in its decision. As a result, the recommendations of the Mandal Commission were ‘diluted’. . We would like to inform our learned readers that the term ‘creamy layer’ was first used in the year 1975 in the State of Kerala vs. NM Thomas case .
Census on Caste Basis: Very Mandatory
After the decision of the Supreme Court, the reservation limit cannot exceed 50%. There is a provision of 27% reservation for OBCs, 15% for SCs, 7.5% for STs. That means the total reservations is 49.5%. Whereas ,the population of these castes – OBCs – is 52%, SCs is 15% and STs is 7.5%, that is, the total population of these three categories is 74.5% of the total population of India. That is why this slogan is raised again and again, ‘The greater the number, the greater the share’. This is the reason why the leaders of the India Alliance are repeatedly emphasising the caste-based census in the elections campaign for Lok Sabha elections (2024).The leader of the Congress Party times and again has emphasised in the elections campaign that if the’ INDIA” comes to power it will raise the upper limit of resevations by removing the cap of 50%.
Reserved seats – admission, direct recruitment, promotion, disabled and EWS: legal provisions
Relaxation in the minimum marks and age limit at the time of admission has also been given for reserved seats. According to the Central Educational Institutions (Reservation in Teacher Cadre) Act, 2019, there is a provision for reservation for direct recruitment in all the posts . Not only this, on the SC or ST or OBC seats other than SC or ST or OBC candidates cannot be appointed to the vacant seats reserved for SC or ST or OBC in Central Educational Institutions (CEIs). According to the 77th Amendment Act of the Constitution, 1995, there is a provision for reservation in promotion for Scheduled Castes and Scheduled Tribes.
According to the 103rd Amendment Act 2019 of the Constitution, a 10% reservation was made for Economically Backward People (EWS) in educational institutions and public jobs. Around 60% of seats in respect of government jobs and higher education institutions are reserved for various categories like SC, ST, OBC and EWS. 3% of seats in all categories are also reserved for persons with disabilities.
Lok Sabha Elections, 2024: Reservation Controversy
In the current Lok Sabha elections in 2024, political parties are blaming each other regarding reservations. The leaders of the ‘INDIA’ and the Congress Party, especially Rahul Gandhi, have been repeatedly emphasising two main points from public platforms:
First, The BJP and its leader Narendra Modi aim to “destroy the country’s democracy by changing the Constitution”; And Second, “To snatch away the reservation of Dalits, backward classes and tribals and end their participation in running the country.”
In other words, if the BJP comes to power for the third time, it will end both reservations and the constitution. This is allegation of the ‘INDIA’and its leaders. Whereas the Congress claims to be the guardian and costodian of the Constitution and reservations. Mallikarjun Kharge , the President of the Indian National Congress and its top brass Rahul Gandhi have given assurance to the Indian people to save Constitution and resevations. Rahul Gandhi emphasized, “Congress is standing like a rock in the way of BJP to protect the Constitution and reservation…As long as Congress is there, no power in the world can take away their reservation from the deprived people.”
On the contrary, the leaders of the Bharatiya Janata Party say that the India Alliance and the Congress Party are against the reservation given to the Scheduled Castes, Scheduled Tribes and Backward classes. In a public meeting, Prime Minister, Narendra Modi, even said without checking historical facts said that Jawaharlal Nehru was against reservation for SCs-STs and OBCs. Addressing a rally in UP, Amit Shah said that ‘BJP will neither remove reservation nor allow anyone to do so.’
Rahul Gandhi has also alleged that Rashtriya Swayamsevak Sangh(RSS) is also against reservation. As a result, Mohan Bhagwat(The RSS chief )clarified that Rashtriya Swayamsevak Sangh supports the reservation provided by the Constitution and reservations should continue till ‘People, to whom it has been given, should feel that they need it.’ In other words, Rashtriya Swayamsevak Sangh supports reservation.
Disinvestment and privatisation – Anti-people Policies: Moving towards the Complete Destruction of Reservations.
After the dissolution of the Soviet Union, the storm of ideology of liberalization, privatization and globalisation had an impact on the economies of the entire world. India is no exception. The then Prime Minister of India, Narasimha Rao ,and Finance Minister, Dr. Manmohan Singh sowed the seed of disinvestment, and gradually it took the form of a giant banyan tree. The policy of disinvestment reached its peak in the span of about 10 years of the BJP-led NDA government under the leadership of Narendra Modi from 2014 to 2024. According to Jayaprakash Narayan, the government institutions and enterprises built in the last seven decades are being the controlled by the corporate. For example, the government of India has handed over the control of corporate over railways, BHEL, SAIL, GAIL, airlines, telecommunications, power distribution, production, airports, ports, production and distribution of military equipment, education, health, engineering institutions, minerals and natural sources etc. Reservation is not applicable in the private sector.
Apart from these, reservations are also ignored through lateral entry in central and state level administrative services. Under the new education policy, the provision of appointments on the basis of experience without the prescribed qualifications for appointments in universities will prove to be extremely detrimental to the interests of the reserved castes-SC, ST and OBC. As a result, the Government of India and the state governments are moving towards destroying reservations completely, without amending the Constitution. This is why, the General Secretary of the Congress, Jairam Ramesh, alleged that the Modi government has used privatisation as a “weapon” to weaken the reservations of SCs, STs and OBCs in the last 10 years (2014-2024).
According to the article published on July 13, 2021, due to the anti-people policies of privatisation and liberalisation, there were 60 lakh vacancies in the central government and state governments. The situation did not improve even after a year. According to the report of Justice H.N. Naga Mohandas Commission published on 7 November 2022, there were more than 60 lakh vacancies in the Government of India, state Governments and the Public Undertakings. According to the report published on 8 August 2023, out of 40 lakh sanctioned posts of the Government of India, 9.64 lakh posts were vacant.
Due to lack of permanent recruitment for these vacant posts, a reserved quota related to Scheduled Castes, Scheduled Tribes and Backward Classes is not been implemented. As a result, the reservation indirectly ends. If appointments are made to vacant posts on a temporary or contract basis, seats are not reserved and the posts are filled with general category of candidates. This method is also an important weapon to end reservations for jobs. Due to this, the Scheduled Castes, Scheduled Tribes and Backward Classes are deprived of their right to reservation.
It is a well-known and much-discussed topic that the policies of privatisation, liberalisation and globalisation have an adverse impact on both jobs and reservations. Unemployment has reached its peak. Justice H.N. Nagamohandas Commission (7 November, 2022) clarified that “the disinvestment programme, contracting and outsourcing of the labor system and not filling the backlog in the country have sounded the death knell for the SC/ST communities, making social justice irrelevant”.
In brief, political parties are blaming each other but do not clarify that if they come to power, will they stop the policies of disinvestment and corporatization? We are of the firm opinion that the anti-people and anti-reservation policies of disinvestment and corporatization should be stopped. It is very important to curb unemployment by exploiting natural resources and establishing government control over various projects, formulation of public welfare policies and recruitment of permanent employees. As a result, the Constitution and reservation will also be protected, and Indian democracy will be strengthened due to an increase in administrative and educational participation of Scheduled Castes, Scheduled Tribes and Backward Classes. Ultimately, the relevance of social justice will be re-established.
Read more at:
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>ऑफ इंडिया’ज इलेक्ट्रोल सिस्टम — Rajshekhar Wondro,Ambedkar, Gandhi,Patel: The Making of India’s Electoral System
.>हरीश खरे, ‘पत्रकारों के लिए है इम्तिहान की घड़ी’,दैनिक ट्रिब्यून, खुला पन्ना, 1 जनवरी 2018, पृ .7
> https://navbharattimes.indiatimes.com/india/reservation-history-in-india-why-renew-after-10-years-now-sc-saying-for-time-limit/articleshow/95372768.cms
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>https://samajweekly.com/regarding-unreserving-reserved-seats
>संडे स्टोरी: मंडल आयोग की रिपोर्ट, 25 साल बादhttps://indianexpress.com/article/india/india-others/sunday-story-mandal-commission-report-25-years-later
>https://samajweekly.com/regarding-unreserving-reserved-seats
>https://sundayguardianlive.com/legally-speaking/creamy-layer-classification
>https://samajweekly.com/regarding-unreserving-reserved-seats >https://navbharattimes.indiatimes.com/india/reservation-history-in-india-why-renew-after-10-years-now-sc-saying-for-time-limit/articleshow/95372768.cms
. >2024https://twitter.com/RahulGandhi/status/1784231792473424209?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1784231792473424209%7Ctwgr%5E14233d337a69d798bfd76249135a7b2f2488aa99%7Ctwcon%5Es1_&ref_url
>https%3A%2F%2Fwww.newindianexpress.com%2Fnation%2F2024%2FApr%2F27%2Fclear-from-bjp-leaders-statements-they-want-to-snatch-away-reservation-says-rahul-gandhi
>जयप्रकाश नारायण—-.https://janchowk.com/beech-bahas/pm-modis-attack-on-constitutional-values-and-democratic-institutions/
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> Dainik Tribune,( Chandigarh),29 May,2024,p.12
